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India Claims

India claims that pre-partition ruler of the state Maharaja Hari Singh signed the Instrument of Accession in 25 October 1947 under which he acceded the State of Jammu and Kashmir to the Union of India. The Constituent assembly of Jammu and Kashmir had unanimously ratified the Maharaja’s Instrument of Accession to India and had adopted a constitution for the state that called for a perpetual merger of Jammu and Kashmir with the Union of India. India claims that the Constituent assembly was a representative one, and that its views were those of the Kashmiri people at the time.

India claims that the most popular political party, the National Conference, was also in favour of acceding to India. United Nations Security Council Resolution 1172 tacitly accepts India’s stand regarding all outstanding issues between India and Pakistan and urges the need to resolve the dispute through mutual dialogue and does not call for a plebiscite.

India claims that the United Nations Security Council Resolution 47 cannot be implemented since Pakistan failed to withdraw its forces from Kashmir, which was the first step in implementing the resolution. India is also of the view that Resolution 47 is obsolete, since the geography and demographics of the region have been permanently altered.

India also contradicts Pakistan’s position on international arbitration. The UN resolution was passed by United Nations Security Council under Chapter VI of the United Nations Charter. It is therefore non-binding and has no mandatory enforce-ability, as opposed to the resolutions passed under Chapter VII.

India does not accept the two-nation theory that forms the basis of Pakistan and considers that Kashmir, despite being a Muslim-majority state, is in many ways an “integral part” of secular India.

India claims that the the state of Jammu and Kashmir was provided significant autonomy in Article 370 of the Constitution of India. All differences between India and Pakistan, including Kashmir, need to be settled through bilateral negotiations as agreed to by the two countries when they signed the Simla Agreement on 2 July 1972.

The Government of India has expressed its willingness to accommodate the legitimate political demands of the people of the state of Kashmir. Insurgency and terrorism in Kashmir is deliberately being fueled by Pakistan to create instability in the region.

The Government of India has repeatedly accused Pakistan of waging a proxy war in Kashmir by providing weapons and financial assistance to terrorist groups in the region.

India also claims that Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading false propaganda against India. According to the state government of Jammu and Kashmir, Pakistani radio and television channels deliberately spread “hate and venom” against India to alter Kashmiri opinion.

India has asked the United Nations not to leave unchallenged or unaddressed the claims of moral, political, and diplomatic support for terrorism, which were clearly in contravention of United Nations Security Council Resolution 1373. This is a Chapter VII resolution that makes it mandatory for member states to not provide active or passive support to terrorist organizations.

Specifically, it has pointed out that the Pakistani government continues to support various terrorist organizations, such as Jaish-e-Mohammad and Lashkar-e-Taiba, in direct violation of this resolution. India points out reports by human rights organizations condemning Pakistan for the lack of civic liberties in Pakistan-administered Kashmir.

According to India, most regions of Pakistani Kashmir, especially Northern Areas, continue to suffer from lack of political recognition, economic development, and basic fundamental rights.

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